Patna High Court
Shailendra PaswanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court held that the petitioner is entitled to provisional anticipatory bail subject to conditions and verification of his criminal antecedents.
Summary
Shailendra Paswan, a resident of East Champaran, sought anticipatory bail after being implicated in a case under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for the alleged recovery of 30 litres of liquor from two motorcycles, one of which he owned. He argued that he had no prior criminal record, was not in possession of the liquor, and was unaware that his vehicle would be used for the alleged offence. The State opposed the bail. The Patna High Court, applying its inherent powers under Section 482(2) of the B.N.S.S., granted provisional anticipatory bail conditioned on a modest bail bond, two sureties, and a six‑week period for surrender, subject to verification of his antecedents. The court directed that if any prior case is discovered, the bail would be presumed concealed and the order would not be confirmed; otherwise, the bail would be confirmed. The order was pronounced by Justice Satyavrat Verma.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under the inherent powers of the High Court.
- Whether ownership of the vehicle used in the alleged offence makes the petitioner liable for the offence under the Bihar Prohibition and Excise (Amendment) Act, 2022.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a), 41(1)
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- liquor seizure
- vehicle ownership
- criminal antecedent
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37491 of 2026
Arising Out of PS. Case No.-37 Year-2026 Thana- PATAHI District- East Champaran
======================================================
Shailendra Paswan Son of Binda Paswan Resident of Village- Rupno Math
(Rupani Math)(Belabaiju), P.S.- Patahi, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Singh
For the Opposite Party/s : Mr. Rabindra Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 17-06-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Sections 30(a), 41(1)
of Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 30 litres of liquor from two motorcycles. It is next
submitted that petitioner was not arrested from the spot as such
nothing was recovered from his conscious possession and he
came to be implicated based on the fact that he is owner of one
of the seized vehicles. It is next submitted that no prudent
person would use his own vehicle for committing an occurrence
and thus would create evidence against himself and hence
Patna High Court CR. MISC. No.37491 of 2026(2) dt.17-06-2026
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would get implicated. It is also submitted that the petitioner was
completely unaware that Vijay would misuse his vehicle in the
manner as alleged who was also apprehended from the spot.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
5. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of his arrest or surrender within a period of six weeks
from today, be released on provisional anticipatory bail on
furnishing bail bonds of Rs.500/- (Rupees five hundred) with
two sureties of the like amount each to the satisfaction of the
learned trial court where the case is pending/successor court in
connection with Patahi P.S. Case No.37/2026, subject to the
conditions as laid down under Section 482(2) of the B.N.S.S.
6. It is made clear that the learned trial court thereafter
shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of even one
case, in that event, it would be presumed that petitioner had
concealed his antecedent before this court, as such, the
provisional anticipatory bail order shall not be confirmed but if
on verification it is found that petitioner is a person with clean
antecedent, in that event the provisional anticipatory bail order
Patna High Court CR. MISC. No.37491 of 2026(2) dt.17-06-2026
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shall be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
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